Joy C.D. vs The Secretary
2021 Latest Caselaw 1518 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                        WP(C).No.1040 OF 2021(D)


PETITIONER/S:

                JOY C.D.,AGED 47 YEARS
                S/O.LATE DEVASSY, CHENGINIMATTOM (H)
                EAST CHALAKUDY VILLAGE, CHALAKUDY P.O.
                THRISSUR 680 307

                BY ADV. SRI.P.JINISH PAUL

RESPONDENT/S:

      1         THE SECRETARY,CHALAKUDY MUNICIPALITY
                CHALAKUDY P.O., THRISSUR 680 307

      2         ALPHONSA PAUL,AGED NOT KNOWN, W/O.PAUL E.K.
                EYYANAN (H), EAST CHALAKUDY VILLAGE
                CHALAKUDY P.O., THRISSUR 680 307


OTHER PRESENT:

                SC: SRI.M.P.ASHOK KUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1040 OF 2021(D)                  2




                                    JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P6 order passed

under Section 406(3) of the Kerala Municipalities Act, which directs the petitioner

to demolish a latrine constructed by him. Although various contentions are raised

in the writ petition in its challenge against Ext.P6 order, I am of the view that

against Ext.P6 order the petitioner has an effective alternate remedy by way of an

appeal under Section 509 of the Kerala Municipalities Act. Accordingly, without

prejudice to the right of the petitioner to move the appellate authority, the writ

petition in its challenge against Ext.P6 order is dismissed.

Taking note of the submission of the learned counsel for the petitioner that

he would require some time to move the appellate authority, I direct that coercive

steps pursuant to Ext.P6 order shall be kept in abeyance for a period of three

weeks so as to enable the petitioner to move the appellate authority, in the

meanwhile.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT DATED 7.10.19 BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT

EXHIBIT P2 THE TRUE COPY OF ORDER AND SHOW CAUSE NOTICE DATED 9.1.2020 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE REPLY DATED 18.1.2020 SUBMITTED BY THE PETITIONER TO EXT. P2

EXHIBIT P4 THE TRUE COPY OF THE LETTER DATED 20.4.2020 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 THE TRUE COPY OF THE LETTER 29.9.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 23.11.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER